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Fifth Circuit· 2/14/2013

Morris v. PLIVA, Inc.

Citations

  • 713 F.3d 774
  • 2013 U.S. App. LEXIS 3167
  • 2013 WL 1662929

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that any “useful reporting” resulting from adequate testing would “ostensibly consist of some sort of warning”
  • noting that any “useful reporting” resulting from adequate testing would “ostensibly consist of some sort of warning”
  • although generic drug manufacturers might have duty under federal law to alert FDA of need to strengthen warnings and labels, Louisiana tort law imposed no such duty
  • plaintiff could not sue generic drug manufacturer for failing to use a label not required by the FDA
  • “Whether a warning is placed on the label on the bottle or in letters to distributors, any state law duty requiring generic manufacturers to act unilaterally in this area is preempted by federal law.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Jones, Smith

Read full opinion on CourtListener

Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

13 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.